Criminal Procedure Policy Paper

1127 WordsSep 4, 20125 Pages
Criminal Procedure Policy Paper CJA/364 Criminal Procedure December 19th, 2011 William Mosley University of Phoenix Intro The contest of strength between the Crime Control Model and the Due Process Model is similar to attempting to satisfy every person, each and every second and no one some of the time. Debates are good for both models, but for all growth on one side, there must be one on the opposing side as well. The Crime Control Model, prosecutor or the police, is not in favor for the Due Process Model, a person, to have more rights than they do. Each and every individual who is a United States citizen should know what his or her rights are. What is the significance of the joining of the Bill of Rights into the 14th…show more content…
An actual crime would be breaking a law that is already familiar. To place someone under arrest for thinking or behaving badly is not in the Constitutional rights and the police and prosecutors must enforce the law. Ignoring a violation of the law is against the law. If a police officer sees or has personal knowledge of a crime it is their duty to fight diligently against the crime to the best of their ability. The same goes for prosecutor’s office, they cannot decide to avoid prosecution of an offender if they have the evidence to prosecute. On December 15, 1791 the Bill of Rights was voted into substance. The Bill of Rights started with the original 10 amendments but over time there were more amendments were added to the Bill of Rights. One of the original amendments was the 4th amendment. The 4th amendment declares The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The 5th amendment declares No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person
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